Shailesh Kumar v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 35620 of 2025 Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

1. Heard Shri S.K. Srivastava, learned counsel for the applicant and Shri O.P. Singh, learned AGA for the State.

2. This application under Section 528 BNSS has been preferred for quashing the Non Bailable Warrant order dated 04.7.2025 and proceeding under section 82 Cr.P.C. issued by learned Special Chief Judicial Magistrate, Prayagraj in Case No. 864 of 2021 arising out of Case Crime No.0013 of 2019 under Sections 323, 504, 506 IPC, Police Station Colonelganj, District Prayagraj.

3. Learned counsel for the applicant confines his argument that a direction may be issued to the court concerned to consider his application for recall/cancellation of Non-Bailable Warrant or for bail application of applicant expeditiously in accordance with law laid down in Satendra Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922.

4. In view of aforesaid, it is directed that in case the applicant appears/surrenders before the court below within a period of four weeks from today and applies for recall/cancellation of Non-Bailable Warrant or for bail, the same shall be considered and decided expeditiously, in accordance with the settled law. For a period of three weeks from today or till the applicant appears/surrenders before the court concerned, whichever is Versus

Counsel for Applicant(s) : Abhinav Pratap Singh, Shambhu Sharan Singh, Sudhir Kumar Srivastava

Counsel for Opposite Party(s) : G.A.

Shailesh Kumar

.....Applicant(s)

State of U.P. and Another

.....Opposite

Party(s)

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earlier, no coercive action shall be taken against applicant.

5. With the aforesaid observations, the present application stands disposed of.

September 23, 2025

Madhurima NA528 No. 35620 of 2025

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(Jitendra Kumar Sinha,J.)

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